Open Access. Powered by Scholars. Published by Universities.®
Antitrust and Trade Regulation Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
Articles 1 - 3 of 3
Full-Text Articles in Antitrust and Trade Regulation
Contribution And Antitrust Policy, Michigan Law Review
Contribution And Antitrust Policy, Michigan Law Review
Michigan Law Review
This Note examines the contribution controversy from an antitrust policy perspective. Part I summarizes the Professional Beauty, Abraham Construction, and Olson Farms decisions and sketches the major provisions of the Bayh Bill and the ABA Statute. Part II discusses four antitrust policy goals that figure prominently in both Circuit Court decisions and Congressional debate: fairness, deterrence, promotion of settlement, and reduced complexity of litigation. Part III argues that none of the rigid contribution rules proposed since Professional Beauty achieves the optimal balance of these policy goals. The Note concludes that a flexible rule permitting courts to assess the propriety …
A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg
A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg
University of Michigan Journal of Law Reform
The purpose of this article is to examine the dimensions of an individual's Fifth Amendment privilege in a civil antitrust action where the person has not yet been guaranteed that criminal prosecution is no longer possible. Two issues are apparent: first, under what conditions may a civil antitrust defendant properly invoke the privilege; second, if a civil antitrust plaintiff seeks to discover information privileged under the Fifth Amendment, what is the proper response to the problem? Folding Carton provides an excellent example of the process of antitrust litigation and demonstrates the tensions involved. Using that case as an example, the …
Foreign Nation Suits For Treble Damages Under The Clayton Act After Pfizer V. Government Of India, Marianne P. Gaertner
Foreign Nation Suits For Treble Damages Under The Clayton Act After Pfizer V. Government Of India, Marianne P. Gaertner
University of Michigan Journal of Law Reform
After summarizing the rationale behind Pfizer, this article will trace the ramifications of the decision on American foreign, economic, and antitrust policies. Second, a suggestion for a foreign sovereign antitrust bill will then be offered. Finally, an examination of present congressional proposals will show that these proposals fail to address fully the political and economic consequences of Pfizer.